Samim Mian v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.35066 of 2019 Arising Out of PS. Case No.-66 Year-2019 Thana- BARAULI District- Gopalganj ====================================================== 1.
SAMIM MIAN S/o Taslim Mian @ Md. Taslim R/o Village- Piprahiya, P.S.- Barauli, District- Gopalganj 2.
Gulam Hussain S/o Taslim Mian @ Md. Taslim R/o village- Piprahiya, P.S.- Barauli, District- Gopalganj 3.
Sadam @ Sahnawaz S/o Taslim Mian @ Md. Taslim R/o village- Piprahiya, P.S.- Barauli, District- Gopalganj ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Ajay Kumar Pandey For the Opposite Party/s :
Mr.Kalyan Shankar ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 23-08-2019 Petitioners seek bail in anticipation of their arrest in connection with Barauli P.S. Case No. 66 of 2019 registered for the offences punishable under Sections 341, 323, 324, 307, 447, 504, 506 and 34 of the Indian Penal Code.
Prosecution story is that accused persons entered inside the house of the informant and demanded cricket ball and when informant told them that no ball has come to his courtyard they assaulted him by lathi, danda, sword and knife, causing injuries to him. There is specific allegation of assault against petitioner No. 3 that he assaulted by knife on nose of informant, causing injury to him.
Patna High Court CR. MISC. No.35066 of 2019(4) dt.23-08-2019 2/3 Submission of learned counsel for the petitioners is that there is case and counter case between the parties, no specific allegation has been attributed against petitioner No.1 and so far petitioner No.2 is concerned, allegation is that he assaulted by Labda to the informant and injuries are said to have been caused by hard and blunt substance and opinion on injuries was kept reserved. and them and though one of the injuries is grievous in nature but that has specifically been attributed against co-accused and not the petitioners.
Heard learned APP also.
In view of above facts and circumstances, let petitioner Nos. 1 and 2, in the event of arrest or surrender, be released on bail on furnishing bail bonds of Rs.25,000/- (Rupees twenty five thousand) each with two sureties of the like amount each to the satisfaction of the Additional Chief Judicial Magistrate-XIV, Gopalganj, in connection with Barauli P.S. Case No. 66 of 2019, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. and further condition is that one of the bailors of the petitioners shall be a local person having sufficient immoveable property within the jurisdiction of the court concerned.
So far petitioner No.3 is concerned, he may surrender
Patna High Court CR. MISC. No.35066 of 2019(4) dt.23-08-2019 3/3 and pray for regular bail.
With the above observation, this application is disposed of.
(Vinod Kumar Sinha, J) spal/- U T